Florida Senate - 2017                   (PROPOSED BILL) SPB 7010
       FOR CONSIDERATION By the Committee on Military and Veterans
       Affairs, Space, and Domestic Security
       583-00875A-17                                         20177010pb
    1                        A bill to be entitled                      
    2         An act relating to the Department of Military Affairs
    3         direct-support organization; amending s. 250.115,
    4         F.S.; abrogating the scheduled repeal of provisions
    5         governing a direct-support organization established
    6         under the department; providing an effective date.
    8  Be It Enacted by the Legislature of the State of Florida:
   10         Section 1. Section 250.115, Florida Statutes, is amended to
   11  read:
   12         250.115 Department of Military Affairs direct-support
   13  organization.—
   14         (1) DEFINITIONS.—As used in this section, the term:
   15         (a) “Direct-support organization” means an organization
   16  that is:
   17         1. A Florida corporation not for profit, incorporated under
   18  chapter 617, and approved by the Department of State.
   19         2. Organized and operated exclusively to raise funds;
   20  request and receive grants, gifts, and bequests of moneys;
   21  acquire, receive, hold, invest, and administer in its own name
   22  securities, funds, or property; support the processing of
   23  requests for assistance from the Soldiers and Airmen Assistance
   24  Program or similar programs, as directed by the Adjutant
   25  General; and make expenditures to or for the direct or indirect
   26  benefit of the Department of Military Affairs or the Florida
   27  National Guard.
   28         3. Determined by the Department of Military Affairs to be
   29  operating in a manner consistent with the goals of the
   30  Department of Military Affairs and the Florida National Guard
   31  and in the best interest of the state. Any organization that is
   32  denied certification by the Adjutant General may not use the
   33  name of the Florida National Guard or the Department of Military
   34  Affairs in any part of its name or its publications.
   35         (b) “Personal services” includes full-time or part-time
   36  personnel as well as payroll processing.
   37         (2) BOARD OF DIRECTORS.—The organization shall be governed
   38  by a board of directors. The Adjutant General, or his or her
   39  designee, shall appoint a president of the board. The board of
   40  directors shall be appointed by the president of the board.
   41         (3) CONTRACT.—The direct-support organization shall operate
   42  under a written contract with the department. The written
   43  contract must provide for:
   44         (a) Certification by the department that the direct-support
   45  organization is complying with the terms of the contract and is
   46  doing so consistent with the goals and purposes of the
   47  department and in the best interests of the state. This
   48  certification must be made annually and reported in the official
   49  minutes of a meeting of the direct-support organization.
   50         (b) The reversion of moneys and property held by the
   51  direct-support organization:
   52         1. To the department if the direct-support organization is
   53  no longer approved to operate by the department;
   54         2. To the department if the direct-support organization
   55  ceases to exist; or
   56         3. To the state if the department ceases to exist.
   57         (c) The disclosure of the material provisions of the
   58  contract and the distinction between the department and the
   59  direct-support organization to donors of gifts, contributions,
   60  or bequests, including such disclosure on all promotional and
   61  fundraising publications.
   62         (4) USE OF PROPERTY.—
   63         (a) The Department of Military Affairs may permit the use
   64  of property, facilities, and personal services of the Department
   65  of Military Affairs by the direct-support organization, subject
   66  to the provisions of this section.
   67         (b) The Department of Military Affairs may prescribe by
   68  rule any condition with which a direct-support organization
   69  organized under this section must comply in order to use
   70  property, facilities, or personal services of the Department of
   71  Military Affairs.
   72         (c) The Department of Military Affairs may not permit the
   73  use of its property, facilities, or personal services by any
   74  direct-support organization organized under this section which
   75  does not provide equal employment opportunities to all persons
   76  regardless of race, color, national origin, gender, age, or
   77  religion.
   78         (5) ACTIVITIES; RESTRICTIONS.—Any transaction or agreement
   79  between the direct-support organization organized pursuant to
   80  this section and another direct-support organization must be
   81  approved by the Department of Military Affairs.
   82         (6) ANNUAL BUDGETS AND REPORTS.—The direct-support
   83  organization shall submit to the Department of Military Affairs
   84  its annual budget and financial reports, its federal Internal
   85  Revenue Service Application for Recognition of Exemption form
   86  (Form 1023), and its federal Internal Revenue Service Return of
   87  Organization Exempt from Income Tax form (Form 990).
   88         (7) ANNUAL AUDIT.—The direct-support organization shall
   89  provide for an annual financial audit in accordance with s.
   90  215.981.
   91         (8) REPEAL.—This section is repealed October 1, 2017,
   92  unless reviewed and saved from repeal by the Legislature.
   93         Section 2. This act shall take effect July 1, 2017.